THE Sunyani High Court, presided over by Mr Justice Francis Kwabena Opoku, who is also the Supervising High Court Judge, has upheld that the petition filed by the New Patriotic Party (NPP) parliamentary candidate for the Asutifi South Constituency, Mr Yiadom Boakye-Boateng, in the December 7, 2008 election was properly brought before the court.
Mr Justice Opoku indicated that a critical scrutiny of Section 20 (1) of the Representation of the People Law, 1992 empowers the high court to declare the election of a candidate void if satisfied that there had been non-compliance with any provision of the law and regulations made under the law.
According to Mr Justice Opoku, a perusal of the original petition indicated that the first amendment and re-amendment showed a common denominator, meaning that the petitioner was accusing the electoral officers, namely the presiding officers, polling agents, the security personnel and the NDC candidate of involving themselves in electoral malfeasance.
In other words, he said the petitioner was impugning the integrity of the election officers for having compromised their credibility, and that as he understood it, the applicant was also attacking them for misconduct.
Put differently, the presiding judge noted that the petitioner’s worry was that the behaviour of the respondents, viewed in the context of the conduct of elections, constituted ‘‘grave or gross misconduct and so cannot trust or have confidence in the manner in which they performed their duty in respect of the two ballot boxes’’.
Citing several electoral petitions that had been brought before other high courts and disposed of and quoting relevant rules and regulations regarding the conduct of elections in the country as well as relying on the 1992 Constitution and other legal authorities, the presiding judge said, ’’It is for these reasons that I held the petition filed by Mr Yiadom Boakye-Boateng of the NPP as properly laid before the court’’.
In his 16-page ruling, which the Daily Graphic chanced on a certified true copy, Mr Justice Opoku did not make any order regarding cost.
When the case was called on January 19, 2008, the court adjourned sine die (indefinitely) following a notice received by the presiding judge to the effect that the EC had filed an appeal against his earlier ruling in the case.
“ I do not show disrespect to the Court of Appeal by calling the case.”
The Court of Appeal is, however, to hear the case on Tuesday, February 17, 2009.
On December 22, 2008, the Sunyani High Court overruled preliminary objections raised by counsel for respondents in the case, namely the EC, the National Democratic Congress (NDC) candidate, Alhaji Collins Dauda, and the District Electoral Officer for the Asutifi District, but deferred its ruling, since according to the judge, he had not completed his research on the subject.
Counsel for the respondents argued that the petition was not properly brought before the court, because the applicant did not wait for 21 days after the declaration, publication and gazetting of the parliamentary results as required by law before doing so.
They, therefore, described the petition as premature and further urged the court not to entertain the action by the applicant, but to dismiss it in its entirety, describing the amendment to the original motion as an afterthought, which should also be struck out by the court.
However, the applicant, who was represented by a team of lawyers, led by Mr Kwaku Asomah-Cheremeh, for his part, insisted that since the whole process of collating the results of the parliamentary elections in the constituency was fraught with certain corrupt and illegal practices, including the swapping of the ballot in the Twabidi No.1 and Twabidi No. 2 polling stations, the court ought to investigate.
The applicant filed an election petition and a motion for interim injunction, restraining the 1st and the 3rd respondents from declaring the parliamentary election held in the Asutifi South Constituency in the Brong Ahafo Ahafo on December 7, 2008.
In the motion, the plaintiff said, “Please, take notice that Messrs Asomah-Cheremeh & Co., counsel for and on behalf of the petitioner/applicant herein will move this honourable court for an order, restraining the 1st and 3rd respondents herein from declaring the parliamentary election results held in the Asutifi South Constituency on the December 7, 2008 as upon the grounds set out in the accompanying affidavit. And for such further order (s) as the honourable court may deem fit to make.”
In his 17-point petition, accompanied by an affidavit, the NPP candidate contended, among other issues, that “it is clear that the results of the constituency had been tampered with, and that fairness cannot be achieved in this circumstances, and for that matter, do crave the indulgence of the honourable court to investigate and take a firm decision on it either to discount two ballot boxes and declare the winner or the entire parliamentary results of the constituency be annulled and fresh election for the parliamentary held”.
Subsequent to the motion, Mr Boakye-Boateng, who contested the election with Alhaji Collins Dauda of the National Democratic Congress (NDC), who was also the incumbent Member of Parliamentary (MP) for the area, and Mr George Okyere of the Democratic Peoples’ Party (DPP) has observed that the parliamentary election in the Asutifi Constituency was rather characterised by some corrupt practices and, therefore, prayed the court to investigate the matter.
Monday, February 16, 2009
Sunday, February 1, 2009
ANXIOUS SUPPORERS MUST EXERCISE RESTRAINT...Says NDC Youth Wing in BA (PAGE 16, JAN 26)
The Brong Ahafo Regional Youth Wing of the National Democratic Congress (NDC) has called on all party supporters who are anxious for various appointments in the new administration to exercise utmost restraint.
It pointed out that even though there were very good materials in the party who deserve to be nominated for appointments, they ought to wait for the President and his selection team to discharge such a daunting duty.
It further appealed to those who might not be considered to remain calm and continue to show much more commitment to the cause of President Mills to build a better Ghana, saying that they had no doubt that President Mills would live up to his promise to unite the country and also transform the economy.
The Youth Wing expressed its sincerest gratitude and appreciation to the President for coming out steadfastly with the appointment of the first 15 batch of Ministers of State designate, including five women to assist him run the new administration.
The youth were particularly overwhelmed over the nomination of the National Youth Organiser of the NDC, Mr Haruna Iddrisu, who is also the Member of Parliament (MP) for the Tamale South Constituency as the Minister-designate for Communications, and congratulated Mr Iddrisu on his appointment.
Mr Mohammed Seidu, alias Maha, the Regional Youth Organiser of the NDC, who expressed thanks on behalf of the group in an interaction with the Daily Graphic in Sunyani over the weekend, further thanked President Mills for nominating Alhaji Collins Dauda as Minister.
The regional youth organiser went on to extend his heartfelt felicitations to Alhaji Dauda and Mr Marfo, and all others who had been nominated by the President for vetting by Parliament.
He expressed the hope that all of them would come out with flying colours from the Parliamentary Vetting Committee and subsequently discharge their assigned duties conscientiously.
Mr Seidu was especially enthused over the fact that President Mills had fulfilled his campaign promise to include women in his government, by allotting a reasonable percentage of ministerial positions to them.
He also acknowledged the crucial role former President J.J. Rawlings and his wife Nana Konadu Agyeman played in ensuring that the NDC returned to power and urged the couple to offer the needed advice to President Mills.
Mr Seidu expressed his gratitude to all Ghanaians for the peaceful manner they conducted themselves which resulted in the success of the general elections, and prayed that the people would continue to tolerate one another even after the elections and also support President Mills’s government in diverse ways.
It pointed out that even though there were very good materials in the party who deserve to be nominated for appointments, they ought to wait for the President and his selection team to discharge such a daunting duty.
It further appealed to those who might not be considered to remain calm and continue to show much more commitment to the cause of President Mills to build a better Ghana, saying that they had no doubt that President Mills would live up to his promise to unite the country and also transform the economy.
The Youth Wing expressed its sincerest gratitude and appreciation to the President for coming out steadfastly with the appointment of the first 15 batch of Ministers of State designate, including five women to assist him run the new administration.
The youth were particularly overwhelmed over the nomination of the National Youth Organiser of the NDC, Mr Haruna Iddrisu, who is also the Member of Parliament (MP) for the Tamale South Constituency as the Minister-designate for Communications, and congratulated Mr Iddrisu on his appointment.
Mr Mohammed Seidu, alias Maha, the Regional Youth Organiser of the NDC, who expressed thanks on behalf of the group in an interaction with the Daily Graphic in Sunyani over the weekend, further thanked President Mills for nominating Alhaji Collins Dauda as Minister.
The regional youth organiser went on to extend his heartfelt felicitations to Alhaji Dauda and Mr Marfo, and all others who had been nominated by the President for vetting by Parliament.
He expressed the hope that all of them would come out with flying colours from the Parliamentary Vetting Committee and subsequently discharge their assigned duties conscientiously.
Mr Seidu was especially enthused over the fact that President Mills had fulfilled his campaign promise to include women in his government, by allotting a reasonable percentage of ministerial positions to them.
He also acknowledged the crucial role former President J.J. Rawlings and his wife Nana Konadu Agyeman played in ensuring that the NDC returned to power and urged the couple to offer the needed advice to President Mills.
Mr Seidu expressed his gratitude to all Ghanaians for the peaceful manner they conducted themselves which resulted in the success of the general elections, and prayed that the people would continue to tolerate one another even after the elections and also support President Mills’s government in diverse ways.
LIVE UP TO PLEDGE OF RECONCILING NATION...BA House of Chiefs urges Prez PAGE 17, JAN 20)
THE Brong Ahafo Regional House of Chiefs, has expressed the conviction that President John Evans Atta Mills will live up to his pledge of reconciling the people of Ghana, for the total development of the nation.
Extending its warmest felicitations and congratulations to President Atta Mills, it said “Your Excellency, Nananom commend you for demonstrating good faith in the country’s democratic process and hope that you will live up to your pledge of reconciling the nation for total development.”
The chiefs stressed in a press release signed by the President of the house, Osahene Kwaku Aterkyi II, who is also the Omanhene of the Kukuom Traditional Area, that under President Mills’ able leadership, the country will continue to be the oasis of peace in the West Africa Sub-region.
It was also the expectation of the chiefs that during President Mills’ presidency, the institution of chieftaincy would be adequately resourced to enable it play its proper role as a partner in national development.
The chiefs also congratulated all political parties and their candidates, the Electoral Commission (EC), security agencies, the media and observer missions, both local and foreign, for their roles in ensuring a successful and peaceful election.
The release again congratulated all Ghanaians for the peaceful and matured manner they conducted themselves during the whole electoral process, especially during the run-off.
“Nananom assure you, your Excellency of their unflinching support to ensure that during your tenure of office, the country will make greater strides in all spheres of the socio-economic and political development of the nation,” it stressed.
The release said, with the election over, Nananom as traditional rulers and fathers of the nation, appeal to Ghanaians to put their party affiliations behind them and rally behind the government in the execution of its programmes for the betterment of Ghana.
Extending its warmest felicitations and congratulations to President Atta Mills, it said “Your Excellency, Nananom commend you for demonstrating good faith in the country’s democratic process and hope that you will live up to your pledge of reconciling the nation for total development.”
The chiefs stressed in a press release signed by the President of the house, Osahene Kwaku Aterkyi II, who is also the Omanhene of the Kukuom Traditional Area, that under President Mills’ able leadership, the country will continue to be the oasis of peace in the West Africa Sub-region.
It was also the expectation of the chiefs that during President Mills’ presidency, the institution of chieftaincy would be adequately resourced to enable it play its proper role as a partner in national development.
The chiefs also congratulated all political parties and their candidates, the Electoral Commission (EC), security agencies, the media and observer missions, both local and foreign, for their roles in ensuring a successful and peaceful election.
The release again congratulated all Ghanaians for the peaceful and matured manner they conducted themselves during the whole electoral process, especially during the run-off.
“Nananom assure you, your Excellency of their unflinching support to ensure that during your tenure of office, the country will make greater strides in all spheres of the socio-economic and political development of the nation,” it stressed.
The release said, with the election over, Nananom as traditional rulers and fathers of the nation, appeal to Ghanaians to put their party affiliations behind them and rally behind the government in the execution of its programmes for the betterment of Ghana.
NPP CONDEMS UNRULY BEHAVIOUS OF NDC SUPPORTERS IN BA (PAGE 16), JAN 19
THE Brong Ahafo Regional branch of the New Patriotic Party (NPP) has expressed grave concern about the manner some supporters and sympathisers of the National Democratic Congress (NDC) from the Asutifi South Constituency of the party in particular have resorted to the use of intimidation and violence in the conduct of their political activities.
It said since the trial of a “motion on notice for interim injunction” for the re-collation of the parliamentary results in the constituency started at the Sunyani High Court on December 22, 2008, some supporters and sympathisers of the NDC had resorted to the use of intimidation and violence in the conduct of their political activities.
The NPP pointed out that if such unwarranted attitude and behaviour of the NDC supporters were not checked and corrected immediately they could disturb the peace that “we are enjoying in the region”.
Reading a press statement at the party’s regional office in Sunyani last Thursday, the NPP Parliamentary Candidate for the Asutifi South Constituency, Mr Yiadom Boakye-Boateng, noted that the police had had a hectic time controlling the irate NDC youth after proceedings at the court presided over by Justice Francis Kwabena Opoku, who is also the supervising High Court Judge, since the case was brought before the court on December 22, 2008.
However, he indicated that supporters of the NPP had been advised by the leadership of the party in the constituency, particularly the parliamentary candidate, to keep cool so they had to wait for over an hour before they could be escorted by the police out of the court premises on the two occasions that the case was called.
Mr Boakye-Boateng filed the motion on December 19, 2008, at the High Court saying, “Please take notice that Messrs Asomah-Cheremeh and Co. Counsel for and on behalf of the Petitioner/Applicant herein will move this honourable court for an order restraining the first and third respondents herein from declaring the parliamentary election held in the Asutifi South Constituency on the seventh day of December 2008 as upon the grounds set out in the accompanying affidavit and for such further order(s) as the honourable court may deem fit to make.”
In his 17-point petition accompanied by an affidavit, the NPP candidate contended, among other issues, that “it is clear that the results of the constituency had been tampered with and that fairness cannot be achieved in this circumstances and for that matter do crave the indulgence of the honourable court to investigate and take a firm decision on it either to discount two ballot boxes and declare the winner or the entire parliament results of the constituency be annulled and fresh election of the parliamentary held”.
According to Mr Boakye-Boateng, at the last sitting of the court on Monday January 12, 2008, “The NDC supporters brought this unruly behaviour to the High Court premises again, chanting war songs while some were seen smoking at the court premises and not even the pleading of their lawyer, Mr Chris Ackuumey, could bring them to order”.
“The NPP supporters had to be restrained by their parliamentary candidate to avert any bloody clash. We were held hostage for close to two hours before the NPP group got out of the court premises and in the face of these unwarranted attacks, the NDC candidate, Alhaji Collins Dauda, stood in their midst,” he alleged.
Mr Boakye-Boateng further alleged that the NDC supporters threatened to attack the NPP members on their way back to the constituency, a threat, that according to him they did carry out, adding, “When the NPP supporters were going back home from Sunyani, they were attacked in Alhaji Dauda’s home town, Mehame, after the NDC youth erected an illegal barrier on the main road to Dadiesoaba”.
He again alleged that, “They attacked the NPP supporters and in the process, one Mensah Aborampa, alias NO Pro, was severely beaten until he fell unconscious.” He named some of the perpetrators as Shaibu, Latifa, Kwabena Kontor, Sadam, Asoma Moro, Adama and Sumaila, whom he said were all part of Alhaji Dauda’s campaign team and live at Mehame.
“We have since reported the incident to the police but not a single arrest has been made and the silence of Alhaji Dauda on these attacks which are led by no other person than his younger brother, is an indication that he sent and supports the attackers. We want to advise Mr Dauda that politics is not a do-or-die affair and that politicians campaign for power to govern the people and for that matter he should prioritise human life more than his selfish political ambition,” Mr Boakye-Boateng stated.
According to the NPP parliamentary candidate, information reaching the party indicated that the NDC at a meeting at Acherensua and Mahame, intended to cause mayhem at the court today Monday, January 19, 2009, the next adjourned date, if the judge fails to pronounce their candidate the winner in the ongoing case, even at the time that the court has not begun actual hearing of the substantive case.
“The court is the place for justice in this country so if supporters of a political party such as the ruling NDC can descend on the court with this unruly behaviour, then God save Ghana,” Mr Boakye-Boateng pointed out.
He declared, “We want to assure the NDC that we in the NPP are prepared to meet them at anytime and any place but we are always guided by our conscience to ensure that the peace Ex-President Kufuor bequeathed this country is sustained. We challenge President J.E. A. Mills to call Alhaji Dauda to order since his action sharply contradicts with the President’s vision.”
“We also appeal to the security agencies to beef up security on the High Court premises today, Monday, January 19, 2009 and other dates on which the case would be heard and ensure that only relevant people, notably witnesses in the case are allowed to enter the court premises to protect human life and properly”, he suggested.
Mr Boakye-Boateng cited many instances that the NDC members had attacked supporters of the NPP, including drivers in the constituency.
It said since the trial of a “motion on notice for interim injunction” for the re-collation of the parliamentary results in the constituency started at the Sunyani High Court on December 22, 2008, some supporters and sympathisers of the NDC had resorted to the use of intimidation and violence in the conduct of their political activities.
The NPP pointed out that if such unwarranted attitude and behaviour of the NDC supporters were not checked and corrected immediately they could disturb the peace that “we are enjoying in the region”.
Reading a press statement at the party’s regional office in Sunyani last Thursday, the NPP Parliamentary Candidate for the Asutifi South Constituency, Mr Yiadom Boakye-Boateng, noted that the police had had a hectic time controlling the irate NDC youth after proceedings at the court presided over by Justice Francis Kwabena Opoku, who is also the supervising High Court Judge, since the case was brought before the court on December 22, 2008.
However, he indicated that supporters of the NPP had been advised by the leadership of the party in the constituency, particularly the parliamentary candidate, to keep cool so they had to wait for over an hour before they could be escorted by the police out of the court premises on the two occasions that the case was called.
Mr Boakye-Boateng filed the motion on December 19, 2008, at the High Court saying, “Please take notice that Messrs Asomah-Cheremeh and Co. Counsel for and on behalf of the Petitioner/Applicant herein will move this honourable court for an order restraining the first and third respondents herein from declaring the parliamentary election held in the Asutifi South Constituency on the seventh day of December 2008 as upon the grounds set out in the accompanying affidavit and for such further order(s) as the honourable court may deem fit to make.”
In his 17-point petition accompanied by an affidavit, the NPP candidate contended, among other issues, that “it is clear that the results of the constituency had been tampered with and that fairness cannot be achieved in this circumstances and for that matter do crave the indulgence of the honourable court to investigate and take a firm decision on it either to discount two ballot boxes and declare the winner or the entire parliament results of the constituency be annulled and fresh election of the parliamentary held”.
According to Mr Boakye-Boateng, at the last sitting of the court on Monday January 12, 2008, “The NDC supporters brought this unruly behaviour to the High Court premises again, chanting war songs while some were seen smoking at the court premises and not even the pleading of their lawyer, Mr Chris Ackuumey, could bring them to order”.
“The NPP supporters had to be restrained by their parliamentary candidate to avert any bloody clash. We were held hostage for close to two hours before the NPP group got out of the court premises and in the face of these unwarranted attacks, the NDC candidate, Alhaji Collins Dauda, stood in their midst,” he alleged.
Mr Boakye-Boateng further alleged that the NDC supporters threatened to attack the NPP members on their way back to the constituency, a threat, that according to him they did carry out, adding, “When the NPP supporters were going back home from Sunyani, they were attacked in Alhaji Dauda’s home town, Mehame, after the NDC youth erected an illegal barrier on the main road to Dadiesoaba”.
He again alleged that, “They attacked the NPP supporters and in the process, one Mensah Aborampa, alias NO Pro, was severely beaten until he fell unconscious.” He named some of the perpetrators as Shaibu, Latifa, Kwabena Kontor, Sadam, Asoma Moro, Adama and Sumaila, whom he said were all part of Alhaji Dauda’s campaign team and live at Mehame.
“We have since reported the incident to the police but not a single arrest has been made and the silence of Alhaji Dauda on these attacks which are led by no other person than his younger brother, is an indication that he sent and supports the attackers. We want to advise Mr Dauda that politics is not a do-or-die affair and that politicians campaign for power to govern the people and for that matter he should prioritise human life more than his selfish political ambition,” Mr Boakye-Boateng stated.
According to the NPP parliamentary candidate, information reaching the party indicated that the NDC at a meeting at Acherensua and Mahame, intended to cause mayhem at the court today Monday, January 19, 2009, the next adjourned date, if the judge fails to pronounce their candidate the winner in the ongoing case, even at the time that the court has not begun actual hearing of the substantive case.
“The court is the place for justice in this country so if supporters of a political party such as the ruling NDC can descend on the court with this unruly behaviour, then God save Ghana,” Mr Boakye-Boateng pointed out.
He declared, “We want to assure the NDC that we in the NPP are prepared to meet them at anytime and any place but we are always guided by our conscience to ensure that the peace Ex-President Kufuor bequeathed this country is sustained. We challenge President J.E. A. Mills to call Alhaji Dauda to order since his action sharply contradicts with the President’s vision.”
“We also appeal to the security agencies to beef up security on the High Court premises today, Monday, January 19, 2009 and other dates on which the case would be heard and ensure that only relevant people, notably witnesses in the case are allowed to enter the court premises to protect human life and properly”, he suggested.
Mr Boakye-Boateng cited many instances that the NDC members had attacked supporters of the NPP, including drivers in the constituency.
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